Online advertising terms and conditions

The following terms and conditions relate to all advertisements reveived from any advertiser for publication on websites that are part of the SwuzzleBucket network.   The placing of an order with SwuzzleBucket Limited for display of an advertisment on all or part of any or all of the websites in the SwuzzleBucket advertising network constitues acceptance by the advertiser of these terms and conditions.

1. Definitions:
   1. The following definitions are included for completeness and transperancy:
      1. Advertisers are company that provides SwuzzleBucket with an advertisement to be displayed on all or any of the websites that make up the SwuzzleBucket network;
      2. Advertisements are content which may be in the form of, but are not reserticed to, images, text or animations such as flash which are to occupy a space on a website within the SwuzzleBucket network
      3. The SwuzzleBucket network are websites including pages served in Internet Cafes over the Internet that receive ads via embedded SwuzzleBucket software
      4. Campaigns are one or more advertisments supplied by an advertiser to be displayed on the SwuzzleBucket network for an agreed duration of time
2. Payment for Advertising:
   1. Campaigns are charged at a cost per one thousand impression or otherwise as specifcally agreed in writing with SwuzzleBucket Limited.
   2. All campaigns will have an agreed start date and run for the entirety of the number of impressions paid for by the advertiser. 
   3. An advertiser will prepay for all campaigns on or before the first date of the campaign.  Step payments may be, but do not have to be, provided for such that on a three month campaign for example payment could be received at the beginning of each month for the month coming. 
   4. No advertisemtn will be displayed in the SwuzzleBucket network without payment being prior received.
   5. Advertisers in New Zealand will be charged GST regardless of whether the advertisment appears on a New Zealand website or an Australian website.  SwuzzleBucket is a New Zealand registered company, GST Number 99-257-423.  Australian advertisers do not pay GST.  All prices quoted on this website and on the SwuzzleBucket media packs andon all SwuzzleBucket advertising and on any communcations with SwuzzleBUcket do not include GST unless otherwise stated
   6. An advertiser may cancel a campaign up to 7 days prior to the agreed start date of the campaign and receive a full refund for the cost of the campaign. 
   7. An advertiser may cancel a campaign within 7 days or the agreed start date of the campaign and before the agreed start date of the campaign and receive a 50% refund on the cost of the campaign.
   8. An advertiser may cancel an advertisement during a campaign subject to Clause 4.5 in which SwuzzleBucket may continue to display and advertisers advertisemetn with no recourse at it's discretion.
3. Submission of advertisements:
   1. It is the responsibility of the advertiser to provide SwuzzleBucket with the advertisement.  The production of which is not included in the payment for advertising.
   2. SwuzzleBucket specificies the dimensions, file sizes and file types of advertisements that it willa ccept on this website.
   3. It is the sole responsibility of the advertiser to provide an advertisement before the agreed start date of a campaign.  A campaign will go ahead with or without an advertisment and will be incuring impressions from the agreed start date of teh campaign.  SwuzzleBucket reserves the right to provide a default advertisement in the event of an advertisement not being received bfore the agreed start date of the campaign
   4. SwuzzleBucket reserves the right to not accept an advertisement from an advertiser or to refuse any company or business from being an advertiser for any reason whatsoever.
4. Publication of Advertisments:
   1. Swuzzlebucket will use its reasonable endeavours to publish advertisments submitted by advertiser in the format submitted by the advertiser.  SwuzzleBucket reserves the right to alter advertisements for size, quality or any other reason that it deems necessary.
   2. There is no guarantee that an advertisers advertisments will be displayed on all websites within the SwuzzleBucket network.  SwuzzleBucket reserves the right to not display an advertisment on any websites for any reason whatsoever including but not limited to the quality of the advertisemen, the product being sold, the landing page from the advertisment or in the event of competition or preferred product supplier arrangements of the publishing website.
   3. Subject to clause 4.2 Swuzzlebucket will publish advertisements within the Swuzzlebucket Network where it reasonably believes is most appropriate and reserves the right to not display any advertisement on any website within the SwuzzleBucket network for any reason whatsoever
   4. SwuzzleBucket does not gaurantee any particular position on any webpage or website within the SwuzzleBucket network unless agreed in wirting for a specific campaign with the advertiser.
   5. SwuzzleBucket reserve the right to display the advertisers advertisement for more than the paid for impressions at no cost to the advertiser and without first having agreement with the advertiser and with no recourse from the advertiser.
   6. SwuzzleBucket does not guarantee that the advertiser’s advertisement will be the only product of that type featured in advertisements on any one webpage.
5. Scope of Agreement:
   1. These Terms and Conditions set out the entire agreement between all parties in relation to any campaign and supersedes all prior arrangements, undertakings, representations and warranties by or between the parties in relation to such advertising, unless specifically provided for in writing otherwise.
   2. If any provision of these Terms and Conditions are held illegal or unenforceable, then such illegality or unenforceability shall not affect the remaining provisions of these Terms and Conditions which shall remain in full force and effect.
   3. If at any time SwuzzleBucket does not enforce any of these terms and conditions or grants the advertiser time or any other indulgence, SwuzzleBucket shall not be construed as having waived that term or condition or it's right to later enforce that or any other term or condition.
   4. An advertiser may not assign any of its rights under any agreement or any part of a campaign including the rights to advertising space allocated in accordance with a campaign to any third party or place advertisements whether directly or indirectly on behalf of third party advertiser(s) whether as an agent or otherwise, except on terms previously agreed with SwuzzleBucket.
   5. These Terms and Conditions are governed by, and construed in accordance with the law in force in New Zealand. The parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New Zealand, and any court that may hear appeals from any of those courts, for any proceedings in connection with these Terms and Conditions.
   6. Swuzzlebucket may vary these Terms and Conditions at any time in its sole discretion, provided that:
      1. Such amended terms will not affect prior agreed campaigns with a date of publication within 3 months from the date of the variation; and
      2. If the advertiser does not agree with a variation the advertiser may cease placing orders with Swuzzlebucket.
6. Responsibility of Advertiser
   1. The advertiser undertakes and warrants to SwuzzleBucket that no advertisement will:
      1. Or will be likely to be misleading or deceptive or otherwise infringe the Fair Trading Act 1986;
      2. Infringe copyright, trade mark or other intellectual or moral property rights of any person;
      3. Contain material that is obscene, offensive, defamatory, or otherwise unsuitable for publication in the sole opinion of SwuzzleBucket Management;
      4. Breach or infringe any laws relating to therapeutic goods, financial services, anti-discrimination, political publication, publication of court or tribunal materials, or any other legislation, regulation, rule or ordinance;
      5. Give rise to any liability on SwuzzleBucket, cause SwuzzleBucket to be in breach of any law by virtue of publishing the Advertisement, or result in a claim being made against Swuzzlebucket.
   2. The advertiser indemnifies SwuzzleBucket (and its employees, officers and agents) against any proceedings, demands, losses, costs (including legal costs on a full indemnity basis), damages and other liabilities of any nature taken, made or awarded against or incurred by SwuzzleBucket (and/or its employees, officers and agents) in connection with the advertisement or any advertising.
7. SwuzzleBucket Rights
   1. Swuzzlebucket makes no warranties of any kind, whether express or implied of the fitness of the SwuzzleBucket software. SwuzzleBucket shall not be liable for any loss, damage, or expense incurred in connection with SwuzzleBucket’s use of the SwuzzleBucket software, including without limitation, for any technical malfunction, computer error or loss of data or other injury, damage or disruption of any kind other than as a result of SwuzzleBucket’s gross negligence or fraud.
   2. SwuzzleBucket may in its absolute discretion:
      1. Without notice to the advertiser alter or abbreviate any advertisment or insert the word "advertisement" or any other term above or below any advertisement as it appears on any website in the SwuzzleBucket network
      2. At any time and without notice to the advertiser cancel, reject or refuse to publish or continue publishing any advertisment without providing any reason for such rejection or refusal at any time prior to, or after, publication of the avertisment, provided this right will not be unreasonably exercised;
      3. Utilise the publishing of the advertisers advertisement and advertisers website in marketing and promotional material for the SwuzzleBucket network and software and will be without further cost to the advertiser or cost to SwuzzleBucket and without any recourse of the advertiser to SwuzzleBucket;
      4. The advertiser agrees that any personal information about internet users that is obtained by SwuzzleBucket as a result of internet users accessing SwuzzleBucket content pages will only be made available to the advertiser if to do so would not breach any of SwuzzleBucket's obligations to it's contracts with the website owners within the SwuzzleBucket network which are set out in any other agreement.
   3. Except as expressly provided in these Terms and Conditions, SwuzzleBucket excludes, to the fullest extent permitted by law, all warranties, representations and conditions whether implied by law, trade, custom or otherwise. In the event that SwuzzleBucket is liable to an advertiser for a breach of implied warranty or condition that may not be excluded, SwuzzleBucket’s liability will, to the extent permitted by law, be limited to he replacement of the advertisement campaign impressions or the supply of an equivalent campaign or the payment of the cost of the campaign
   4. In no circumstances will Swuzzlebucket (its employees, officers or agents) be liable, whether in tort, contract or otherwise for any indirect loss, loss of profits, consequential loss or special or exemplary damage suffered by the advertiser or any other person, even if such loss or damages are foreseeable and whether or not SwuzzleBucket had been advised of the possibility thereof.
   5. The liability of SwuzzleBucket (including SwuzzleBucket’s officers, employees and agents) to the advertiser, or any other person, for any and all loss or damage arising in relation to these Terms and Conditions and/or advertisements (including from any errors or inaccuracies however caused, whether by negligence, system, software failure, mistake, mis-classifications, early, late or non-insertion of advertisements, or loss or delay in the delivery of replies) will be limited to an amount equal to the cost of the space of the relevant advertisement, provided that if the advertiser does not advise SwuzzleBucket of any error within five days of publication of the advertisement, SwuzzleBucket will have no liability whatsoever.
   6. SwuzzleBucket will not be liable to the advertiser or any other person for any loss of whatever kind suffered as a result of other advertising, or an advertisement not being available for publication or not published where such loss arises from any cause beyond its control. Any loss suffered as a result of any partial or total breakdown of SwuzzleBucket’s operation or network, any technical malfunction, computer error or loss of data will be deemed to be an event beyond SwuzzleBucket’s control.
   7.  SwuzzleBucket will not be liable to the advertiser for any error or inaccuracy in advertisements placed by telephone.
   8. The guarantees contained in the Consumer Guarantees Act 1993 are expressly excluded where the advertsier acquires or holds itself out as acquiring goods or services from SwuzzleBucket for the purposes of a business. The provisions of that Act do not apply to the goods or services provided under these Terms and Conditions or under any other written agreement the advertiser may have with SwuzzleBucket.